England and Wales Case Law

Amedeo Fasano v Reckitt Benckiser Group PLC & Anor

RB Group was not acting as agent for RB Health when amending the LTIP rules; there was no express or implied authority or assent. The PCP requiring employment as at 18 September 2019 to benefit from amended performance conditions was a proportionate means of achieving the legitimate aim of staff retention, and thus not unlawful indirect discrimination.

Source excerpt

• Indirect discrimination
• Agency
• Justification defence
• Long term incentive plans (ltip)
• Post-employment benefits

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Fasano v Reckitt Benckiser Group Plc & Anor

Fasano v Reckitt Benckiser Group Plc & Anor [2025] EWCA Civ 592 (07 May 2025)

Court of Appeal held RB Group was not RB Health’s agent in amending LTIP rules, and upheld dismissal of the age discrimination appeal.

• Indirect discrimination
• Age discrimination
• Agency in employment law
• Long term incentive plans (ltip)
• Justification of pcp under equality act 2010
• Age-discrimination

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Air Products Plc v Cockram

Air Products Plc v Cockram [2018] EWCA Civ 346 (02 March 2018)

The Court of Appeal held that an age discrimination challenge to an LTIP retirement exception failed, restoring the employment tribunal’s dismissal of the claim.

• Age discrimination
• Long term incentive plans (ltip)
• Objective justification
• Proportionality
• Retirement age
• Equality act 2010

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Huntington v Imagine Group Holdings Ltd & Anor

The court held that the May 2003 LTIP varied Mr Huntington’s contract, entitled him to 17.5% of the pool, and allowed exclusion of LION and Dan Re.

• Long term incentive plans (ltip)
• Variation of contract
• Repudiatory breach
• Shareholder/executive compensation
• Interpretation of employment contracts
• Contract-variation

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